batoni simoni paulo vs gabriel hoya 2017 tzhc 2181 29 may 2017

The respondent, suing in his personal capacity as Village Chairman, lacked locus standi to sue regarding village land; therefore, all proceedings in the Ward Tribunal and District Land and Housing Tribunal were incompetent and are nullified.

Citation: batoni simoni paulo vs gabriel hoya 2017 tzhc 2181 29 may 2017
Parties: Appellant: Batoni Simoni Paulo; Respondent: Gabriel Hoya
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 29 May 2017
Procedural Posture: Miscellaneous Land Case Appeal / Second Appeal Before High Court From District Land and Housing Tribunal, Original From Ward Tribunal
Outcome: appeal dismissed for lack of locus standi; proceedings in lower tribunals nullified and quashed
Legal Topics: Locus Standi, Capacity to Sue, Natural Justice, Nullification of Proceedings
Source Language: English

Land Law Civil Procedure Locus Standi Capacity to Sue Natural Justice Nullification of Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Batoni Simoni Paulo

Appellant

Gabriel Hoya

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Second Appeal Before High Court From District Land and Housing Tribunal, Original From Ward Tribunal

Legal Issues

1 Whether the respondent had locus standi to sue on behalf of the village
2 Whether the proceedings before the Ward Tribunal and District Land and Housing Tribunal were competent

Ratio Decidendi

Court Disposition

appeal dismissed for lack of locus standi; proceedings in lower tribunals nullified and quashed

Orders

Proceedings and orders of the Ward Tribunal of Mpwayungu and District Land and Housing Tribunal of Dodoma are nullified and quashed.
All orders thereto set aside.